DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3319-21 Ref: Signature Date Dear This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 25 June 2021. The names and votes of the panel members will be furnished upon request. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of the Board. Documentary material considered by the Board consisted of your application together with all material submitted in support thereof, relevant portions of your naval record, applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). You enlisted in the Marine Corps (USMC) and began a period of active duty on 26 September 1974. On 24 July 1975, you were convicted by special court-martial (SPCM) of riot and breach of peace, assault, and wrongfully and unlawfully endeavoring to influence a witness. Subsequently, you were sentenced to confinement at hard labor, forfeiture of pay, and a bad conduct discharge (BCD). On 4 November 1975, you signed a waiver of restoration stating that you did not wanted to stay in the USMC. On 6 November 1975 your commanding officer (CO) submitted your request for clemency, at which point, he described your attitude as anti-military and recommended your removal from the USMC. On 10 December 1975, your request for appellate leave was approved. On 14 April 1976, the Naval Clemency and Parole Board denied your request for clemency. On 30 June 1976, your previous SPCM proceedings were reviewed, at which point, two of the charges were dismissed and you were found guilty of simple assault. On 24 November 1976, the Court of Military Appeals denied your petition for a review of your case. On 17 October 1977, you began a period of unauthorized absence (UA) which lasted twenty-six days. On 18 November 1977, you were convicted by summary court-martial (SCM) for UA, disrespect towards a commissioned officer, and willingly disobeying a lawful order. Subsequently, two of the charges were dismissed and you were found guilty of UA. You were sentenced to confinement at hard labor, reduction to the rank of E-1, forfeiture of pay. On 16 December 1977, your CO recommended an expeditious discharge by reason of hostility to authority, numerous UCMJ convictions, and apathetic attitude towards the USMC. On 23 December 1977, you were discharged. The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo. These included, but were not limited to, your contention that you were placed in confinement for a year and that no charges were brought up against you. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your repeated misconduct, as evidenced by your SPCM and SCM, outweighed these mitigating factors. The Board noted you did not submit any documentation or advocacy letters to be considered. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. Sincerely, 7/9/2021 Executive Director